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CITIZENS AGAINST 2,4-D v. WATT

No. CIV-81-1006-D.

527 F.Supp. 465 (1981)

CITIZENS AGAINST 2,4-D, Sierra Club, both nonprofit corporations, and Shirley McCalla, Individually, David Peeler, Individually, Zora Peeler, Individually, Debby Myers, Individually, and Donna Lucas, Individually, Plaintiffs, v. James WATT, Secretary of the Interior; Alfred Hill, Regional Environmental Affairs Officer, Water and Power Resources Service, Southwest Region, Bureau of Reclamation, Department of the Interior; Charles A. Calhoun, Regional Supervisor of Water, Land and Power, Water and Power Resources Service, Southwest Region, Bureau of Reclamation, Department of the Interior; Robert H. Weimer, Regional Director Water and Power Resources Service, Southwest Region, Bureau of Reclamation, Department of the Interior; Robert Towles, Assistant Regional Director, Bureau of Reclamation, Water and Power Resources Service, Southwest Region, Department of the Interior; Andrew Peck, Bureau of Reclamation, Department of the Interior; Robert G. Karrh, Supervisory Civil Engineer, Water and Power Resources Service, Southwest Region, Bureau of Reclamation, Department of the Interior, all in their official capacities and individually, Defendants, and Jerry Loula, Superintendent, Ft. Cobb Reservoir Master Conservancy District; James H. Frampton, President, Ft. Cobb Reservoir Master Conservancy District Board of Directors; and Truman Williams, Secretary, Ft. Cobb Reservoir Master Conservancy District Board of Directors, all in their official capacities and individually, Defendants.

United States District Court, W. D. Oklahoma.

August 11, 1981.

Attorney(s) appearing for the Case

Barbara Rauch, Edmond, Okl., and David C. Hood, Oklahoma City, Okl., for all plaintiffs.

David Russell, U. S. Atty., by Kathleen Flanagan, Asst. U. S. Atty., Oklahoma City, Okl., for defendants Watt, Hill, Calhoun, Weimer, Towles, Peck and Karrh.

William E. Pain, Oklahoma City, Okl., for defendants Loula, Frampton and Williams.

MEMORANDUM OPINION

DAUGHERTY, Chief Judge.

This is an action seeking to enjoin the Defendants from proceeding with a planned application of a herbicide, 2,4-dichlorophenoxyacetic acid (2,4-D), in the Fort Cobb Reservoir in western Oklahoma. A hearing was held in this action on Plaintiffs' Application for a Preliminary Injunction on July 31, 1981. Said Application was taken under advisement and the Temporary Restraining Order entered herein has been extended...

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